Court explores presumption of regularity in case over visas for non-immigrant workers

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 22, 2022 11:22 AM

Broadgate Inc. insisted an administrative order disqualifying it from participating in the H-1B visa program was invalid because the Department of Labor failed to present evidence that authority had been delegated to a local official in Detroit — a district director in the Wage and Hour Division — to issue a determination letter that concluded Broadgate willfully violated the Immigration and Nationality Act.The department countered by arguing that a presumption of regularity accompanied the district director’s decision …

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